Morrill v. Cisek8/31/2005
In an interlocutory appeal, appellant, Ann C. Morrill, challenges the trial court's denial of her special appearance in the underlying lawsuit for defamation brought against her by her ex-husband, appellee, Lawrence J. Cisek Jr. In three issues, Morrill, who is a resident of Maryland, contends that the trial court erred in denying her special appearance, her motion to transfer venue, and her motion to dismiss Cisek's lawsuit on the grounds of forum non conveniens.
In a direct appeal, Morrill challenges the trial court's default judgment rendered against her after the trial court's denial of her special appearance. In her sole issue, Morrill contends that the trial court erred in "deciding that there was ersonal urisdiction and enue," ordering a default judgment "when the Appellate Court had not yet determined whether [Morrill's] ppeal of pecial ppearance should be granted," and entering a restraining order against her.
We affirm the trial court's order denying Morrill's special appearance, and we reverse the trial court's default judgment against her.
Facts and Procedural Background
In his original petition filed on December 13, 2002, and in his first amended petition filed on February 7, 2003, Cisek sued Morrill for defamation, alleging that Morrill had written several false and defamatory letters to Cisek's employer, Baylor College of Medicine (Baylor), and to certain public officials concerning the parties' ongoing dispute over Cisek's child support obligations. In his petitions, Cisek sought recovery of monetary damages, as well as a permanent injunction prohibiting Morrill from contacting any employee or agent of Baylor, other than Cisek himself.
Morrill answered the lawsuit and filed a motion challenging the exercise of personal jurisdiction over her or, alternatively, seeking to transfer the suit to Maryland or to dismiss the suit on forum non conveniens grounds. During a March 31, 2003 hearing, the trial court denied Morrill's special appearance. Morrill asserts that the trial court also denied her motion to transfer venue and motion to dismiss on forum non conveniens grounds at the hearing. However, the trial court did not sign a written order at that time. Morrill then filed an interlocutory appeal from those rulings, but the Corpus Christi Court of Appeals dismissed her appeal for lack of jurisdiction on September 25, 2003.
While Morrill's interlocutory appeal was pending, in June 2003, the trial court ordered her to answer Cisek's discovery requests. Morrill failed to comply with the trial court's order, and, on July 8, 2003, the trial court struck her answer to the lawsuit. On September 29, 2003, Cisek filed a motion for entry of judgment, and, on November 24, 2003, a hearing was held regarding such motion. On December 3, 2003, the trial court signed a written order denying Morrill's special appearance, and, in response, on December 12, 2003, Morrill filed her interlocutory appeal challenging the trial court's denial of her special appearance.
Thereafter, on February 4, 2004, the trial court granted a default judgment in favor of Cisek, ordered that Morrill be "permanently enjoined from contacting any officer, agent or employee of [Baylor]" or of any other employer of Cisek, and granted Cisek costs of court in the amount of $1,189.96. Subsequently, on February 25, 2004, Morrill filed a separate, direct appeal challenging the trial court's rendition of the default judgment in favor of Cisek. Interlocutory Appeal
Personal Jurisdiction
In her first issue, Morrill argues that the trial court erred in denying her special appearance because she had "less than minimal contac
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